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(영문) 서울남부지방법원 2013.06.13 2013노166

횡령등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with the consent of E and G, has prepared a written application for flusing the flusium in the name of E and G, the written application for flussium in the name of E and G, the written consent for flusium flusium flusium flusium flusium flusium flusium flusium, the power of attorney, and the written consent for collecting and using personal (credit) information. There was no fact that the Defendant forged each of the documents

Nevertheless, the court below convicted each of the forgery and uttering of private documents, such as the facts charged in this case Nos. 2 and 3. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. (1) The judgment ex officio prior to the judgment on the grounds for appeal by the defendant constitutes concurrent crimes as provided by the latter part of Article 37 of the Criminal Act. In this case, with respect to a concurrent crimes for which judgment has not been rendered pursuant to Article 39(1) of the Criminal Act and the crime for which judgment has not been rendered, a sentence shall be imposed in consideration of equity between the crime and the crime for which judgment has become final and conclusive. Meanwhile, in light of the language of the latter part of Article 37 and Article 39(1) of the Criminal Act and the legislative intent of Article 39(1) of the Criminal Act, if a crime for which judgment has not yet been rendered cannot be ruled concurrently with the crime for which judgment has already become final and conclusive, the punishment shall not be imposed at the same time in consideration of equity and the case for which judgment has not been rendered pursuant

(2) According to the evidence duly admitted and investigated by the lower court, the Defendant was sentenced to a suspended sentence of two years on July 22, 201, who was sentenced to imprisonment with labor for fraud, etc. at the Seoul Southern District Court on July 22, 2011, and on July 30, 201.